C--.

June 1, 1948

Hon. George Ii. Comptroller of Austin, Texas

Dear Sir: Re: 

### Thelegality of expeadlag State funds to pay thb Federal Oov&rnmeat for loss of 

### ordamage to Federal property assigned to the Texas Rational Guard. Your recent request for an opinion on the above queetion reads as follows:

“TheFiftieth Legislature madethe follolilllg Approprlatlon:

Sheppard Public Accounts

0p1a10a lo. 

### v-592

“‘109. Replacement of, payment for, repair andrendvatlon of lost and unservlceable property, including transportation on property purchased and transportation on property turned la by the Texas Rational Guardunits

. . . i

“I amnowbeing pre~sented with an account drawn la favor of the Federal Qovernmeat to pay for stolen 

### ormissing property, damagedandwrecked truck.

“Please advise if the enclosed accounts, ln’who$e or part, are a legal charge against .: I !,;.,!i State funds. U .~.;, ,I.

_j,-.(‘, To your letter of request you at,taB<ed three Reports of Survey on property of the UnLted States, lost or damagedwhile assigned to the,,.Texae Rational Guard. Wedo not conceive it to be,Wl’ office to ex- J press an opinion as to the aufficlencg or correctness of the Reports of Survey and shall for the purposes of this opinion assumethat the sameare in correctEon. George H. Sheppard, Page 2 (V-592)

form and legally sufficient under the rules and regulations of the Texas Rational Guardandthe United States governing Reports of Survey.

In your request you quoted the provisions of paragraph 109 of the appropria$lon madeby the Flftleth Legislature to the Adjutant General’s Department. Acts 50th Legls. R. 5. 1947, p. 8~07.

Article 5798, V, C. 3.; provides in part: ”

. . . he (the Adjutant General) shall see that all military stores and supplies both the property of this State and of the United States .are proper.ly. cared for and kept in good order, ready for use; andall acCounta which ‘hay accrue against this St$te under the p?ovlsions of this chapter shall, if correct, be certified and approved by the Adjutant tinegal and paid out of the State~,Tredsqy as other claims are paid. .Artlcle 5799, V., C. S., provide,s:

“TheAssistant Quartepmister General shall be appointed by the Gove.rnor Louthe recommendation of the Adjutant General

. .

. . Heshall be responsible for all quartermasters, subsistence, ordnance,~ medical, signal, and 311,other military store? and supplies belonging to this State, .,orwhich maybe issued to this State by the United States

. . ;.~prepare such returns o,fall quartermasters, subsistence, ordnanhe, medical, signal and other military stores and supplies that hape been issued to this State by the United States at the times and in the matner required by the Secretary of War

. . . 32 U. 5. C. A., Sec. 47, provides: n

. . . Wheneverany such property lssued to the IVatlonal Guard in any State or Terrkt,ory or the Dlst,rlct of Columbia shall hate be@ lost, damaged,,,.ordestroyed

. . . it sh&l$’byeexamined bg,a ,dislnterested surveylng~ officer of ‘the Regular ArmyorHon. George B. Sheppard, Page 3 (V-592)

the National Guard

. . . andthe report of such surveying officer shall be forwarded to the, Secretary of War, or to such officer as he shall designate to receive such reports; and if it shall appear to the Secretary of Warfrom the record of survey that the property waslost, damaged, or destroyed through unavoidable causes, he is hereby authorized to relieve the State or Terrltory or the District of Columbia from further accountability therefor. If it shall

. . . al

. . . andthe net proceeds of collections madefrom any person or from any State, Territory or District to reimburse the Government for the loss, damage, or destruction of any property, shall be deposited la the Treasury of the United States as a credit to said State, Territory, or the’Dlstrict of Columbia, accountable for said property, and shall remain available throughout the then current fiscal year and throughout the fiscal year following that in which the sales, stoppages, and collections were effected, for the purposes provided for in that portion of its allotment set aside for the purchase of similar or material of war . . . Article 5849, V. C. S., provides:

“The cost of arms, equipment, and all other military supplies and stores, and the cost of repairs or damages done to arms, equipment andall other military supplies and stores, shall be deducted from the pay of any officer or soldier la whose care or use J the samewere whensuch loss, destruction or damageoccurred, if said loss, destruction or damagewas occasioned by the carelessness, neglect or abuse of said officer or soldier. ’Hon. George H. Shepperd, pa@ 4.(V-592),

,You are therefore advised that the ‘moneyvalue of anyUnited. States property assign&d to the Texas National Guardwhich Is lost, dainaged’oti destroyed due to carelessness or neglect, br if it,s .loss, damage, or destruction could havesbeen avoided by the exercise of reasonable care, is a legal charge against State funds. The cost .of,any such property which is lost, damaged or destroyed~due to the carelessness, ,neglect or abuse .of any officer or soldier while in his care or use is to be deducted from such officer’s or soldier’s pay. SUMMARY The money. value of any..United States property assigned to,,the Texas I?atlonal Guardwhich is lost, damaged, or.destroyed due to Carelessness, or neglect, or elf the loss, damage, OFdestruction could have been avoided by the exercise of reasonable care, is a,legal charge against State funds appropriated to the Adjutant General’s Department for such purpose. Acts 50th Leg. R. s. 1947, p. 807, par. 109.

Yours very truly, ATTORNEY

GENERAL

OFTEXAS

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